Friday, September 12, 2014

Suppose you’re injured from a car
accident. You’re in a lot of pain. You don’t want to be prescribed the usual
pain medication that would turn you into a zombie. Or maybe you’ve been
diagnosed with an illness that has caused dramatic and even dangerous weight
loss and your doctor wants you to gain and maintain weight on the double.

Let’s say you want to use marijuana
for medicinal purposes. Despite some friends looking askance at your need for
weed, you can. The law allows it.

A physician first has to determine
that the patient has a debilitating medical condition, which includes cancer, HIV,
AIDS or even severe nausea or pain. The physician also has to certify that the
potential benefits of using marijuana for medical purposes would likely
outweigh the health risks for the patient. Both the patient and the physician
have to register with the State.

The government issues a certificate,
which is now in the form of a little blue card from the Department of Public
Safety. Once a patient has the “blue card,” he or she can lawfully acquire
marijuana.

But good luck getting your pot.

This is the dilemma of nearly 13,000
patients who’ve been issued the blue card. These patients can acquire, possess,
and use marijuana to treat their illnesses, conditions, or injuries. It is a
viable alternative to traditional prescription drugs. And yet, the law does not
provide a clear and legal way for these patients to get marijuana.

In other words, it’s still against
the law for someone to give patients marijuana. The practical reality is that
to get marijuana, patients need someone willing to break the law. Drug
dealers—by nature of their occupation—are willing, but in doing so, otherwise
law-abiding sick people are exposes to the black market, which gets a bit dangerous
at times.

Our State has wrestled with this
problem since the medical marijuana laws were passed almost fifteen years ago. It’s
a problem that’s bugged more than a few legislators. Back in January, Maui’s
own House Speaker, Joe Souki supported dispensaries to resolve the legislative
loophole. But nothing happened.

The senate was reluctant to get
started on it and all that emerged from the headlines and media speculation
about dispensaries was a joint resolution to create a task force. The committee
would study the problem and come up with a report to recommend for the
legislature in 2015. So no solution came about this year.

But that’s not the end of the story. The task force has been touring the
islands and been very public about its postings and findings. The University of
Hawaii’s Public Policy Center has been the central hub for all things related
to the task force. If you’re really curious you can see it for yourself at: http://www.publicpolicycenter.hawaii.edu/projects-programs/hcr48.html

One of the most talked-about ways to
solve this problem is to set up a system that will bring this market out of the
shadows. Other states have brought about heavily regulated (and heavily taxed)
entities that are authorized to cultivate, harvest, and distribute marijuana
for patients. Some places require a well-trained staff, heavy security, and quality
control. It also could be a cash cow for the State.

It’s also a money maker. Colorado, for example,
taxes up to $14,000 for medical marijuana cultivation centers. Three years ago,
the City of Oakland alone apparently collected $1.4 million by taxing
dispensaries. For now, the task force is working its way toward issuing a
report and making recommendations to the Legislature in 2015.

Then maybe the real political beef will begin. One
senator has been pretty keen on the idea and supported dispensaries (but he did
not support outright legalization of marijuana). That was David Ige. When he
ran against Neil Abercrombie he declared that he was “open” to dispensaries “if
there’s a way we could do it so that those who would benefit from medical use
of marijuana would get it legally without going to a drug dealer or growing it
yourself.”

Now that he’s the Democratic front runner, he may be
the one ushering in a new era of medical marijuana in Hawaii.

But let’s not forget the loyal
opposition. Police departments and prosecutors have opposed medical marijuana
in any way, shape, or form. And law enforcement is still expected to oppose
wide distribution of marijuana to patients.

For now, the task force is wrapping
up its studies and its recommendations will surely make a splash next year. If
dispensaries are really going to happen, then our elected officials will have
to close this legislative loophole over the objections of law enforcement.
Maybe then patients can find a way to get what they are entitled to get without
having to depend on someone else to break the law?